La. Admin. Code tit. 22 § XI-705

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-705 - Application for Parole Rehearing or Request for Reconsideration of Decision

A. If denied at the initial parole hearing, an inmate must apply in writing for a subsequent parole hearing, referred to as a parole rehearing. The written request must be submitted by the inmate or his representative

B. Application for a parole rehearing will be allowed only under the following conditions.

1. The inmate must not have had a major (schedule B) disciplinary misconduct report in the 36 months prior to the reapplication request;

2. The offender must not have been in disciplinary lockdown status for a period of six months prior to the reapplication request.

3. If both criteria in §705.B.1 are met, an offender may apply to the committee for a rehearing at the following intervals.

Types of Crimes	Eligibility for Rehearing
Nonviolent, except as otherwise restricted	12 months after the most recent denial
First offense Crime of Violence [R.S. 14:2(B)] that is NOT First Degree Murder, Second Degree Murder, First Degree Rape, Second Degree Rape, Third Degree Rape, or Crime Against Nature [R.S. 14:89(A)(2)]	3 years after the most recent denial
Second or subsequent Crime of Violence [R.S. 14:2(B)] or Sex Offense (R.S. 15:541)	5 years after the most recent denial

4. An inmate whose parole has been denied on multiple occasions and who has never submitted a request for rehearing must be scheduled for rehearing no later than 10 years from the most recent denial.

5. A rehearing does not establish an expectation that an inmate is likely to be granted parole.

C. Reconsideration. An inmate may request that the committee reconsider its decision to deny parole as outlined herein. However, this process does not establish a formal appeal process as parole is an administrative discretionary decision that is not subject to appeal.

1. A parole panel may reconsider a decision of any parole panel at the request of the board chairman.

2. An inmate whose parole is denied or rescinded or whose parole supervision is revoked may request reconsideration by the committee.

a. The request for reconsideration shall be made in writing by the inmate (or the inmate's authorized legal representative) and shall be postmarked no later than 21 calendar days from the date of the hearing during which the parole panel action was taken.

b. If the request for reconsideration is not postmarked within 21 calendar days, it shall be denied.

c. Reconsideration review shall be at the discretion of the committee and shall not be available except for the following reasons:

i. if there is an allegation of misconduct by a committee member that is substantiated by the record;

ii. if there is a significant procedural error by a committee member; or

iii. if there is significant new evidence that was not available when the hearing was conducted. A request based on the availability of new evidence or information shall be accompanied by adequate documentation.

d. A request based on an allegation of misconduct or significant procedural error shall clearly indicate the specific misconduct or procedural error being alleged.

e. A written request for reconsideration postmarked within the time period set forth in §705.D.2.a shall be screened by the chairman or designee to determine whether the request for reconsideration raises substantial grounds to believe that one or more of the reasons for reconsideration set forth in §705.D.2.c may be present. The request for reconsideration shall be denied by the chairman or designee if, at his or her discretion, it is determined that the request does not raise adequate grounds to believe that one or more of the reasons for reconsideration set forth in§705.D.2.c are present.

3. If the chairman or designee determines upon screening that a request for reconsideration raises adequate grounds to believe that one or more of the reasons for reconsideration set forth in §705.D.2.c are present.

a. The case shall be set for administrative review at the next available parole panel hearing date. The review shall be conducted from the record of the first hearing. The appearance of the offender shall not be necessary.

b. The reviewing panel may vote to:

i. grant a new parole hearing and staff will make every attempt to schedule the hearing with a different parole panel than that which rendered the original decision; or

ii. affirm the original decision.

c. The applicant shall be advised, in writing, of the results of the review.

4. If the chairman or designee determines there is no basis to grant the request for reconsideration, the applicant will be advised in writing.

D. Disciplinary Removals

1. If the inmate has one or more major (schedule B) disciplinary report(s) in the 36 months prior to their parole eligibility date, they will not be given parole consideration until such time as the inmate has been disciplinary report free for 36 consecutive months. Inmates shall be removed from a parole docket if they receive a schedule B disciplinary report during the investigation period. The inmate will be notified if they are not considered for placement on or removed from a docket.

a. The inmate is responsible for notifying the board in writing when they are disciplinary report free for 12 36 consecutive months to be reconsidered for scheduling.

La. Admin. Code tit. 22, § XI-705

Promulgated by the Department of Public Safety and Corrections, Board of Parole, LR 24:2301 (December 1998), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2266 (August 2013), amended by the Office of the Governor, Board of Pardons, LR 40:58 (January 2014), Amended LR 451065 (8/1/2019), Amended by the Office of the Governor, Board of Pardons, LR 47363 (3/1/2021), Amended LR 49257 (2/1/2023), Amended LR 501271 (9/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.